Carmelo Rodriguez Medical Accountability Act:  No Standing for Military Malpractice Lawsuit

Carmelo Rodriguez was one of thousands of Marines serving our nation. Rodriguez, a 29 year old New York native, spent over eight years in the Marine Corps. Rodriquez died in 2007: not from a service-related injury, but because of medical malpractice due to the substandard he received during his military career.

Shortly after he enlisted in 1997, the doctor performing his initial medical screening noted a melanoma on his buttocks, but made no recommendations for further treatment. Despite changes in the lesion, he never received appropriate medical care. And when he sought treatment while serving in Iraq in 2005, in which doctors told him it was a wart that would be treated once he returned to the states. When Rodriquez again sought treatment, he was told that the melanoma first noted 1997 had grown and spread. And ultimately, he lost his battle with cancer a year later.

His family is continuing to fight. Thanks to legislation introduced by Maurice Hinchey (D-NY), they are attempting to repeal the Supreme Court’s 1950 ruling in Feres vs. United States. This case, known as “The Feres Doctrine” means that military members and their families are not permitted to bring a medical malpractice lawsuit against the military for negligent care.

If you or a family member has experienced medical malpractice due to the negligence of a doctor, nurse, or another health care professional, please complete the form below for a free legal review of your case. A representative of our firm will be in touch with you shortly.

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see also:

Carmelo Rodriguez Medical Accountability Act Carmelo Rodriguez and military medical malpractice legislation
The Rodriguez case and military malpractice

Malpractice & Supreme Court Mississippi Supreme Court to hear medical malpractice case
Supreme Court told malpractice case is a battle of the experts